Mining and the Law in Africa PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Mining and the Law in Africa PDF full book. Access full book title Mining and the Law in Africa by Victoria R. Nalule. Download full books in PDF and EPUB format.
Author: Victoria R. Nalule
Publisher: Springer Nature
ISBN: 3030330087
Category : Social Science
Languages : en
Pages : 104
Get Book Here
Book Description
The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.
Author: Victoria R. Nalule
Publisher: Springer Nature
ISBN: 3030330087
Category : Social Science
Languages : en
Pages : 104
Get Book Here
Book Description
The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.
Author: Bonnie Campbell
Publisher: IDRC
ISBN: 074532939X
Category : Business & Economics
Languages : en
Pages : 290
Get Book Here
Book Description
The continent of Africa is rich in minerals needed by Western economies, but rather than forming the basis for economic growth the mining industry contributes very little to African development Investigating the impact of the 2003 Extractive Industries Review on a number of African countries, the contributors find the root of the problem in the controls imposed on the African countries by the IMF and World Bank. They aim to convince academics, governments and industry that regulation needs to be reformed to create a mining industry favourable towards social, economic and environmental development. The book takes a multidisciplinary approach and provides a historical perspective of each country, making it ideal for students of development studies and development organizations.
Author: Damilola S. Olawuyi
Publisher: Springer
ISBN: 3319976648
Category : Law
Languages : en
Pages : 361
Get Book Here
Book Description
The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage
Author: Richard W. Roeder
Publisher: Springer
ISBN: 3319312170
Category : Law
Languages : en
Pages : 222
Get Book Here
Book Description
This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.
Author: Elizabeth Bastida
Publisher: Kluwer Law International B.V.
ISBN: 9041121161
Category : Law
Languages : en
Pages : 1158
Get Book Here
Book Description
This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks. The book aspires to serve as a useful reference for scholars, practitioners, students and all those with an interest in current developments in the areas reviewed. Elizabeth Bastida is the Rio Tinto Research Fellow and the Director of the Mineral Law and Policy Programme at the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee (CEPMLP/Dundee). Thomas W?lde is the Professor of International Economic, Natural Resources and Energy Law and was (until 2001) the Executive Director of CEPMLP/Dundee. He currently runs TWA, his private consultancy firm, which provides advisory services in natural resources and energy law, regulatory reform, investment promotion, state enterprise/agency appraisal and restructuring, privatisation, contract assessment, negotiation and dispute management. Janeth Warden-Fern?ndez is a Research and Teaching Fellow, an advisor of the Mineral Law and Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.
Author: John Page
Publisher: Oxford University Press
ISBN: 0198851170
Category : Business & Economics
Languages : en
Pages : 513
Get Book Here
Book Description
For a growing number of countries in Africa the discovery and exploitation of natural resources is a great opportunity, but one accompanied by considerable risks. This book presents research on how to better manage the revenues and opportunities associated with natural resources.
Author: Ainsley Elbra
Publisher: Springer
ISBN: 1137563540
Category : Political Science
Languages : en
Pages : 244
Get Book Here
Book Description
This book takes a fresh approach to the puzzle of sub-Saharan Africa’s resource curse. Moving beyond current scholarship’s state-centric approach, it presents cutting-edge evidence gathered through interviews with mining company executives and industry representatives to demonstrate that firms are actively controlling the regulation of the gold mining sector. It shows how large mining firms with significant private authority in South Africa, Ghana and Tanzania are able to engender rules and regulations that are acknowledged by other actors, and in some cases even adopted by the state. In doing so, it establishes that firms are co-governing Africa’s gold mining sector. By exploring the implications for resource-cursed states, this significant work argues that firm-led regulation can improve governance, but that many of these initiatives fail to address country/mine specific issues where there remains a role for the state in ensuring the benefits of mining flow to local communities. It will appeal to economists, political scientists, and policy-makers and practitioners working in the field of mining and extractives.
Author: Oyeniyi Abe
Publisher: Routledge
ISBN: 1000588211
Category : Law
Languages : en
Pages : 192
Get Book Here
Book Description
This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.
Author: Valiani, Salimah
Publisher: MISTRA
ISBN: 0639923828
Category : Technology & Engineering
Languages : en
Pages : 422
Get Book Here
Book Description
The future of mining in South Africa is hotly contested. Wide-ranging views from multiple quarters rarely seem to intersect, placing emphasis on different questions without engaging in holistic debate. This book aims to catalyse change by gathering together fragmented views into unifying conversations. It highlights the importance of debating the future of mining in South Africa and for reaching consensus in other countries across the mineral-dependent globe. It covers issues such as the potential of platinum to spur industrialisation, land and dispossession on the platinum belt, the roles of the state and capital in mineral development, mining in the era of the Fourth Industrial Revolution, the experiences of women in and affected by mining since the late 19th century and mine worker organising: history and lessons and how post-mine rehabilitation can be tackled. It was inspired not only by an appreciation of South Africa’s extensive mineral endowments, but also by a realisation that, while the South African mining industry performs relatively well on many technical indicators, its management of broader social issues leaves much to be desired. It needs to be deliberated whether the mining industry can play as critical a role going forward as it did in the evolution of the country’s economy.
Author: Punam Chuhan-Pole
Publisher: World Bank Publications
ISBN: 1464808201
Category : Business & Economics
Languages : en
Pages : 245
Get Book Here
Book Description
This study focuses on the local and regional impact of large-scale gold mining in Africa in the context of a mineral boom in the region since 2000. It contributes to filling a gap in the literature on the welfare effects of mineral resources, which, until now, has concentrated more on the national or macroeconomic impacts. Economists have long been intrigued by the paradox that a rich endowment of natural resources may retard economic performance, particularly in the case of mineral-exporting developing countries. Studies of this phenomenon, known as the “resource curse,†? examine the economy-wide consequences of mineral exports.1 Africa’s resource boom has lifted growth, but has been less successful in improving people’s welfare. Yet much of the focus in academic and policy circles has been on appropriate management of the macro-fiscal and governance risks that have historically undermined development outcomes. This study focuses instead on the fortune of local communities where resources are located. It aims to better inform public policy and corporate behavior on the welfare of communities in Africa in which the extraction of resources takes place.
